Isabella Carter
The United States Constitution was written to endure for ages to come, and amending it has always been a difficult task. In the 220-plus years since its ratification, over 11,000 amendments have been proposed, but only 27 have been enacted. The process of amending the Constitution is complex and time-consuming, requiring a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the state legislatures. While some argue that this high bar for amendment ensures that any changes have broad support and protects the status quo, others suggest that it has led to a lack of necessary updates and political fixes that do not belong in the Constitution. In recent years, movements like Move to Amend have advocated for significant changes, such as ending corporate rule and legalising democracy, but the challenge of amending the Constitution remains a significant obstacle to these efforts.
| Characteristics | Values |
|---|---|
| Difficulty in amending | The process of amending the US Constitution is intentionally difficult. In over 200 years, there have been more than 11,000 attempts to amend the Constitution, but only 27 amendments have been made. |
| Status quo bias | The difficulty in amending the Constitution means that it rarely changes, preserving the status quo. |
| Need for broad agreement | Amendments require broad agreement, with two-thirds of Congress and three-fourths of states needing to approve. This ensures that amendments have "national agreement". |
| Time-consuming process | The process of amending the Constitution is time-consuming, involving multiple steps and the participation of various officials and entities, including Congress, state legislatures, governors, the Archivist of the United States, and the Director of the Federal Register. |
| Judicial interpretation | In recent generations, constitutional reform has often been achieved through judicial interpretation rather than formal amendment. However, some "hard-wired" aspects of the Constitution, such as the design of the Senate, cannot be changed through interpretation. |
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What You'll Learn
The US Constitution was written to endure
The US Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers made it difficult to amend the document, and it has only been amended 27 times since 1787. Amending the Constitution requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of state legislatures. This process ensures that amendments have a broad impact on all Americans or secure the rights of citizens.
The difficulty of amending the Constitution has been criticised by some, who argue that it leads to gridlock and an excessive focus on re-election. However, the intention behind this difficulty was to ensure that any changes to the Constitution would have a broad base of support and serve a decent purpose. This high bar for amendments reflects a "status quo bias", where things remain the same when there is no agreement on a change.
The process of amending the Constitution is also time-consuming. After an amendment is proposed, it must be ratified by three-fourths of the state legislatures. The process is administered by the Archivist of the United States, who follows procedures established by the Secretary of State and the Administrator of General Services. Once an amendment is ratified, the Archivist certifies its validity, and it becomes part of the Constitution.
While the Constitution is challenging to amend, it is not entirely static. Judicial interpretation and Supreme Court opinions have played a significant role in constitutional reform. However, some "hard-wired" parts of the Constitution, such as the design of the Senate or the term of Supreme Court judges, can only be changed through a formal amendment process.
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Amendments require a two-thirds majority
Amending the US Constitution is a challenging and lengthy process. The Constitution has only been amended 27 times since it was drafted in 1787, with the first 10 amendments being adopted four years later as the Bill of Rights. The framers of the Constitution intended for it to "endure for ages to come", and so made it difficult to amend.
The process of amending the Constitution is outlined in Article V of the Constitution. A proposed amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate. This is a challenging feat in itself, requiring broad support for the amendment across political parties and ideologies. The amendment process is deliberately designed to require a broad national consensus, ensuring that amendments are not passed with only a slim majority or with the support of only a few states.
Once an amendment has passed both houses of Congress, it must then be ratified by the legislatures of three-fourths of the states, or 38 out of 50 states. This step further emphasizes the need for a broad consensus across the country, as a single state can block the amendment from being ratified. The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA).
The high bar for amending the Constitution has resulted in a strong "status quo bias", with the document rarely being amended. In over 200 years, more than 11,000 amendments have been proposed, but only 27 have been enacted. This difficulty in amending the Constitution has led some to argue that it is time for a new Constitutional Convention, though this has never occurred.
In recent times, the most common path to constitutional reform has been through judicial interpretation and Supreme Court rulings, rather than through formal amendments. However, this approach is limited to areas of the Constitution that are open to interpretation and does not apply to the "hard-wired" rules and structures of the document.
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The ratification process is complex
The amendment process begins with a proposal. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. Once proposed, the amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states.
The process of ratification is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist follows procedures and customs established by the Secretary of State and the Administrator of General Services. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 of 50 states). The OFR then drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process has been completed.
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Amendments must have a broad majority
The United States Constitution was designed "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers of the Constitution intentionally made it difficult to amend, and in over 200 years, there have been more than 11,000 proposed amendments, but only 27 have been enacted.
The process of amending the Constitution is outlined in Article V of the Constitution. A proposed amendment must be passed by a two-thirds majority in both the House of Representatives and the Senate (two-thirds of both houses of Congress). This is a high bar to clear, and it ensures that amendments have broad support across political parties and ideologies. After passing Congress, the proposed amendment must be ratified by three-fourths of the state legislatures (38 out of 50 states). This step further emphasizes the need for a broad majority and ensures that amendments are not just supported by a small group of states or sections but have a truly national consensus.
The requirement for a broad majority is a feature, not a bug, of the amendment process. The founders of the Constitution intended for amendments to have broad support and for the document to endure with only rare and carefully considered changes. This status quo bias built into the system means that when people cannot agree on a change, things remain as they are. It also means that amendments are typically reserved for significant issues affecting all Americans or securing the rights of citizens.
While some critics argue that this makes the Constitution impossible to amend, others point out that there have been moments of big changes, such as the Bill of Rights, the Civil War amendments, and the Progressive Era amendments. These instances of broad agreement on significant issues have resulted in successful amendments, even if they are relatively rare.
In conclusion, the requirement for amendments to have a broad majority is an essential feature of the United States Constitution. It ensures that changes to the foundational document of the nation have widespread support and are not enacted without careful consideration. While this makes the process of amending the Constitution challenging, it also contributes to the stability and endurance of the nation's governing framework.
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Some parts are hard-wired and unamendable
The US Constitution can be amended by a two-thirds majority in both Houses of Congress, or by a Convention called on the application of the legislatures of two-thirds of US states. However, the last two sentences of Article V of the Constitution prohibit amendments to certain subjects.
Firstly, no amendment can deprive a state of equal suffrage in the Senate without its consent. Scholars have debated whether this could be circumvented by a two-step process, but this would violate Article V's plain language. Secondly, no amendment made before 1808 could affect the first and fourth clauses in the ninth section of Article I. This prevented amendments to Congress's power to restrict the importation of slaves and to enact an unapportioned direct tax before 1808.
These provisions were motivated by concerns over federal taxes on slaves, who were considered property at the time. During the 1787 convention in Philadelphia, delegates from southern states opposed allowing amendments to provisions that limited Congress's power to restrict or tax the slave trade.
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Frequently asked questions
The constitution can still be amended, but it is a very difficult and time-consuming process. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by the legislatures of three-fourths of the states.
The constitution has been amended 27 times since it was drafted in 1787.
The authority to amend the constitution comes from Article V of the constitution. After Congress proposes an amendment, the Archivist of the United States is responsible for administering the ratification process. The proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states. The amendment is then certified and published in the Federal Register.
